Group home for recovering substance abusers ordered closed in Lambertville

LAMBERTVILLE — The owner of a six-bedroom home has been charged with illegally operating a boarding house after neighbors complained to city officials that a large number of men were "hanging out on the back porch."

The state Department of Community Affairs also plans its own "enforcement action," a state spokeswoman said today, March 26.

Longtime Lambertville resident Allan Sassman admits that he is renting the home on North Main Street as a "recovery house."

This was the second time within a week that Sassman was told he needs zoning approval; in Trenton he apparently planned to move 25 people into a 5,000-square-foot building constructed as a home and used more recently as office space.

Sassman is a builder and aware of the rules, he said. However, Temperance Hall recovery housing "doesn't fit in the standard box the state of New Jersey has established. This is people helping people with the same disease."

Sassman said he sought legal advice before advancing his plans, and was told that federal disabilities and fair housing acts allow recovery houses in single-family dwellings.

"This is not a detox center," said Sassman. "There is no treatment here, no medication. They do help in early phases of recovery. They are not a detriment to the community.

"A recovery house is nothing more than housing that is structured, organized living. People co-habitate and help each other, have each other to have a dialogue with, to sit down and have dinner with every night."

Kimberlee Hanson of Franklin Township, who owns the building, last filed landlord paperwork with the city in 2010, according to city records. Mayor David DelVecchio said landlords must register rentals annually , although they do not provide the names of tenants.

City regulations set occupancy limits on rentals; 10 is allowed for this size dwelling.

On March 20, city construction and zoning officials issued a notice and order of penalty to Hanson, charging her with: allowing occupancy prior to receiving a certificate of occupancy; failure to request required inspections; and failure to obtain construction permits.

City officials said the three charges carry a combined $6,000 fine, and that Hanson has 30 days to comply with city regulations or vacate, or face additional weekly fines.

The charges are all related to what the city says is a change of use, from a single-family home to a boarding or rooming house, which is not a permitted use in this neighborhood.

To receive a change of use, Hanson could apply to the Board of Adjustment for a use variance. That process would take longer than one month.

In a letter to the city dated yesterday, Sassman said he is the lease-holder of 97 North Main Street and intends to comply with city zoning officer and fire official John Barczyk's order to vacate. Lambertville construction official Ken Rogers also inspected the house.

DelVecchio said the issue is Sassman's failure to "go through the process. We have rules, you have to follow the rules. It's as simple as that."

Should Sassman apply for a use variance, the mayor said, "We're happy to entertain the proposal, the same as we would for anybody with a project in the city."

Asked why he didn’t make sure the city would accept the project beforehand, Sassman said he didn’t think he needed city approvals because sober houses are considered single-family residences under the Fair Housing Act.

Sassman said he was inspired to open recovery centers because he wants to "give back. All I'm doing is applying what's worked for me for 27 years to stay clean and sober," a period of time that coincides with his residency in Lambertville.

He owns property in Lambertville and wasn't living at 97 North Main, but was frequently checking on tenants.

City officials said they started receiving complaints from neighbors on March 17 about the number of men apparently living at the home.

State DCA spokeswoman Lisa Ryan said her agency "exercises independent authority to enforce the Rooming and Boarding House Act of 1979," which governs owner and operator licensing requirements for boarding houses.

Sassman said he agrees with safety requirements, and said the city fire official didn't find any problems with fire safety during his inspection.

But he worries that state licensing will make recovery houses financially unfeasible for those who would benefit from them.